Bill Summary for H 127 (2015-2016)
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| View NCGA Bill Details | 2015-2016 Session |
AN ACT TO MODIFY THE MEASURE OF DAMAGES IN A CONDEMNATION ACTION INITIATED BY THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT INTEREST ON A DOT CONDEMNATION AWARD SHALL BE PAID FROM THE DATE OF TAKING UNTIL THE DATE THE JUDGMENT IS PAID; TO AUTHORIZE A DEFENDANT IN SUCH AN ACTION TO RECOVER ATTORNEYS' FEES AND COSTS IF THE JUDGMENT EXCEEDS THE DEPOSIT BY TWENTY-FIVE PERCENT OR MORE; AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SEND ANY RELOCATION NOTICE REQUIRED BY FEDERAL LAW WITHIN A SPECIFIED PERIOD OF TIME.Intro. by Stam, Jackson, Bryan.
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Bill summary
House committee substitute makes the following changes to the 1st edition.
Reinstates, with one exception, the provisions of GS 136-112, deleted in the 1st edition. Providesthat the measure of damages in a condemnation action initiated by the Department of Transportation (DOT) where the entire tract of property is taken would be fair market value of the tract at the time of the taking. Provides that for a taking of less than the entire tract, the measure of compensation would be the difference between the fair market value of the entire tract immediately before the taking and the fair market value of the remainder of the tract immediately after the taking, without (was, with) any consideration being given to any special or general benefits resulting from the use of the part taken away for highway purposes.
Makes the changes to GS 136-113, regarding interest as just compensation, effective October 1, 2015.
Amends GS 136-119(b) to direct that the court with jurisdiction of the condemnation action instituted by the DOT to award right or title to, or interest in, such real property that the court believes will reimburse the owner for reasonable costs, disbursements, and expenses as specified in GS 40A-8. Provides that in determining what amount constitutes reasonable attorneys' fees the judge must consider the extent to which the party has provided to the other party, in advance of the trial, the written appraisal reports of those witnesses testifying at trial.
Deletes Section 4 of this bill which amended GS 136-44.51(b) andwould have reduced to 180 days any delay of a building permit issuance due to the Transportation Corridor Official Map Act.
Also deletes GS 136-89.53, as amended in this act, which would have clarified that land owners are entitled to compensation for partial control of easements of access by DOT within a controlled-access facility.
Amends GS 136-103(a) to require that the DOT provide written notice of relocation required by federal law together with the summons, complaint, declaration of taking, and notice of deposit required by GS 136-103(d). Effective October 1, 2015.
Makes conforming changes to the long title to reflect changes to the content of the bill.